Idaho Reaffirms 2nd Amendment --tells DC to shove it


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Thin Black Line
February 26, 2009, 04:38 PM
LEGISLATURE OF THE STATE OF IDAHO

Sixtieth Legislature First Regular Session 2009

IN THE HOUSE OF REPRESENTATIVES

HOUSE JOINT MEMORIAL NO. 3

BY STATE AFFAIRS COMMITTEE

A JOINT MEMORIAL
TO THE SENATE AND HOUSE OF REPRESENTATIVES OF THE UNITED STATES
IN CONGRESS ASSEMBLED, AND TO THE CONGRESSIONAL DELEGATION
REPRESENTING THE STATE OF IDAHO IN THE CONGRESS OF THE UNITED STATES.

We, your Memorialists, the House of Representatives and the Senate of the State of Idaho
assembled in the First Regular Session of the Sixtieth Idaho Legislature, do hereby respectfully
represent that:

WHEREAS, the Second Amendment of the United States Constitution does not simply
provide for a collective right or a right for the states to establish militias; rather it provides for
the right of the people to keep and bear arms; and

WHEREAS, the primary purpose of the right to keep and bear arms is to protect one’s
self, family and possessions from either the private lawlessness of other persons or the tyranny
of government; and

WHEREAS, the right to keep and bear arms is also meant to protect the general private
uses of firearms in activities such as hunting and other sporting activities; and

WHEREAS, the United States Supreme Court in District of Columbia v. Heller, 128
S.Ct. 2783 (200, recently struck down a firearms ban in the District of Columbia, explicitly
ruling that the Second Amendment protects the right of the people to possess firearms for
private use; and

WHEREAS, despite this ruling, legislation has been introduced in the United States
House of Representatives calling for a system of mandatory federal licensing of all firearm
owners; and

WHEREAS, the legislation introduced would require all firearm owners to apply for and
carry a federally issued picture identification in order to keep any firearm in their homes; and

WHEREAS, the legislation introduced would make it a federal crime to keep a loaded
firearm or an unloaded firearm and ammunition within any premises including, under certain
circumstances, American homes where a child may be present; and

WHEREAS, the legislation introduced specifically purports to preempt any state or local
law inconsistent with it; and

WHEREAS, the introduced legislation, Blair Holt’s Firearm Licensing and Record of Sale
Act of 2009, is a direct imposition on each American’s individual right to keep and bear arms
in their homes and for their protection.

NOW, THEREFORE, BE IT RESOLVED by the members of the First Regular Session of
the Sixtieth Idaho Legislature, the House of Representatives and the Senate concurring therein,
that members of the United States Congress cease and desist attempting to enact federal
legislation impinging on the individual right of every American to keep and bear arms in any manner.
Specifically, that members of Congress oppose the passage of the Firearm Licensing and Record of
Sale Act of 2009, and any similar legislation.

BE IT FURTHER RESOLVED that the Secretary of the Senate be, and she is hereby
authorized and directed to forward a copy of this Memorial to the President of the Senate and
the Speaker of the House of Representatives of Congress, and the congressional delegation
representing the State of Idaho in the Congress of the United States.


"cease and desist" is the nice way of telling them to shove it....

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halfded
February 26, 2009, 04:55 PM
Awesome. Idaho kind of looks like a one finger salute from the side too, now that I think about it!:p

Dynamite Rabbit
February 26, 2009, 04:58 PM
Long way to go pass it -- it's in the initial stages.

scottgun
February 26, 2009, 05:01 PM
Right on! I hope more States take this approach.

SDDL-UP
February 26, 2009, 05:19 PM
I love Idaho and Montana!

DocBoCook
February 26, 2009, 05:25 PM
every state should be saying the exact same thing

Smithiac
February 26, 2009, 06:10 PM
Idahoanians,???:uhoh: are lucky to have that kind of a state government. Here in IL we really lack that.

ServiceSoon
February 26, 2009, 06:11 PM
To the regular person you have two extremes, neither will make any progress. That is ok with me.

armedandsafe
February 26, 2009, 06:58 PM
Picked this up from Canada Free Press today:

http://canadafreepress.com/index.php/article/8810

Today, the number of states claiming state sovereignty, some outlining specific federal actions that have far more to do with usurping the US Constitution than upholding it, has grown to at least thirty two… the magic number is 34....
2009: Arkansas - 9th Amendment, 10th Amendment, Funding Issues
2009: Arizona - 9th Amendment, 10th Amendment
1994: California - 10th Amendment
1995/96: Georgia - 10th Amendment
2009: Georgia - 10th Amendment
2009: Kansas - 10th Amendment
1997/98: Louisiana - Sovereignty Constitutional Amendment
2009: Michigan - 10th Amendment
2009: Minnesota - 10th Amendment
2009: Missouri - Freedom of Choice Act (Abortion), 10th Amendment
2009: Montana - 9th Amendment, 10th Amendment, 2nd Amendment
2009: New Hampshire - 9th Amendment, 10th Amendment, Federal Reserve, Taxes, Martial Law, 2nd Amendment, Draft/War, Patriot Act, Labor Camps, 1st Amendment
2008: Oklahoma - 10th Amendment, (Other Legislation: No Child Left Behind, Real ID Act)
2009: Oklahoma - 9th Amendment, 10th Amendment, Funding Issues
2009: South Carolina - 9th Amendment, 10 Amendment, Martial Law and Related, 1st Amendment, 2nd Amendment
2009: Tennessee - 10th Amendment
2009: Texas - 9th Amendment, 10th Amendment, Funding Issues
2009: Utah - Real ID Act
2009: Washington - 10th Amendment

* Proposed: Alabama - 9th Amendment, 10th Amendment
* Proposed: Alaska
* 1994: Colorado - 10th Amendment
* 1995: Florida - 10th Amendment
* Proposed [HJM RS18517]: Idaho - 10th Amendment
* 2009: Indiana - 10th Amendment
* 2009: Iowa - 10th Amendment
* Proposed: Maine
* Proposed: Nevada
* Proposed: Ohio - 10th Amendment
* Proposed: Pennsylvania - 10th Amendment
* Proposed: Virginia - 10th Amendment
* Proposed: West Virginia - Same as New Hampshire
Republic of Lakotah - Full Independence
Hawaii - Full Independence

Pops

Dr. Tad Hussein Winslow
February 26, 2009, 07:08 PM
Awesome. Idaho kind of looks like a one finger salute from the side too, now that I think about it!

Now that's funny right there - I don't care who you are! :D Thank Gawd for Idahoans - you go boys & girls!

jakk280rem
February 26, 2009, 07:10 PM
i'm not sure if i feel relieved or disapointed that my state is nowhere on that list?

Dominus
February 26, 2009, 07:41 PM
I would fall off my chair if NY did anything like the above.........
One can aways dream, right?

carlrodd
February 26, 2009, 07:58 PM
i love to see states thumb their noses, but they forget one important 'whereas'..the MOST important one. whereas it is the right of the people to keep and bear arms in providing assurance that their representative government remains truly representative, and not a collection of oligarchs.

how is it that no one seems to remember this somewhat signiifcant point?

rainbowbob
February 26, 2009, 08:08 PM
...they forget one important 'whereas'..the MOST important one. whereas it is the right of the people to keep and bear arms in providing assurance that their representative government remains truly representative, and not a collection of oligarchs.

It doesn't apear to me that Idaho has forgotten it. Perhaps you missed this "whereas":

WHEREAS, the primary purpose of the right to keep and bear arms is to protect one’s
self, family and possessions from either the private lawlessness of other persons or the tyranny
of government...

slabuda
February 26, 2009, 08:13 PM
Well I changed my residency to Idaho back on my last tour here. Has everything I like and not alot of what I dont.

Fly fishing, mountains, skiing, open state land, great (lack of) gun laws, good hunting and comparatively low crime, clean air, no traffic etc.

Came from NW Indiana and apart from Gary and Chicago's influence its not bad either but Idaho is home for me!!

wrc376
February 26, 2009, 08:16 PM
I live two hours from Idaho... I should just move there

ndh87
February 26, 2009, 08:21 PM
If i ever have to leave Virginia im moving to Idaho.

moooose102
February 26, 2009, 08:52 PM
hurray! some politician actually do have them! most have been castrated years ago.
THE CONSTITUTION OF THE UNITED STATES OF AMERICA IS THE LAW OF THE LAND, IT IS NOT OPEN TO YOUR INTERPATATION!

aerod1
February 26, 2009, 10:05 PM
This Texan says, "Hats off to Idaho for a job well done"!!

Ohio Gun Guy
February 26, 2009, 10:18 PM
Cliff Notes version:

F-U

Sincerely,
Idaho

ReconnaisanceMan
February 26, 2009, 11:16 PM
Way to go, Idaho! I may have moved to Texas but I still love my mountain birthplace. This is encouraging to all of us.

klover
February 26, 2009, 11:31 PM
I will not let you down.

BENELLIMONTE
February 26, 2009, 11:37 PM
Now yall know why I really moved here.:)

QuietEarp
February 26, 2009, 11:39 PM
I Love It. The federal government cannot be allowed to violate the very documents it is based on.

rainbowbob
February 27, 2009, 12:16 AM
Save me a spot, Idaho

I will not let you down.

Well, I can't resist including this shameless plug to sell you a spot in one of the most beautiful places on the planet:


http://twinriverheights.com

TRGRHPY
February 27, 2009, 12:47 AM
This is good to hear. What would be even better is if some of the people on here who claim to be lawyers would draft such things as this for their states reps to consider.

Kind of Blued
February 27, 2009, 02:39 AM
I very well may end up in Idaho. And yes Bob, I got the link. :)

Absolutely beautiful. One of my most memorable drives ever was through Idaho on Highway 12, starting at the Lolo Pass.

Marcus84
February 27, 2009, 03:12 AM
I would love to move there if they didn't have that winter problem. :neener:

renegade1alpha
February 27, 2009, 03:27 AM
That is why I love living in Idaho! Its one of the last bastions of freedom for gun owners.

Actually Marcus84, the winters really aren't that bad here depending on where you live. I live in the Treasure Valley (Boise area) and I have actually ridden my motorcycle up until January. Cold? Hell yes! But not impossible. Now up north is a different story. Winter up there can get down right nasty (Stanley, Idaho record low of -48 in 1985)

"On any single day, the mountain town of Stanley, Idaho, is most often the coldest place in the 48 continental states." - Currentresults.com

So if I can ride my motorcycle for that long (in the Boise area) and bear it, guess how much shooting I must do! And I will put up with a little cold weather if it means I can keep my guns.

Thin Black Line
February 27, 2009, 02:29 PM
This is good to hear. What would be even better is if some of the people on here who claim to be lawyers would draft such things as this for their states reps to consider.

TRGRHPY, you get the prize for posting the best contructive way to push this
issue forward. However, it depends on one of the lawyers here growing a
pair and balancing the fear they have about putting their future careers,
networking, and social mobility at risk. (I seem to recall the Founding Fathers
having such struggles before they took a leap of faith and they actually
risked execution by the King ;) )

Given the worries that keep the average American male awake at night about
their mortgage, 401k, and health plan, I'm sad to say it's probably not going
to happen.

Yes, PLEASE, some lawyer on here prove me wrong. When this is done, PM
me and I will send you the same reward I got for doing jobs where I've risked
much.

carlrodd
February 27, 2009, 02:49 PM
It doesn't apear to me that Idaho has forgotten it. Perhaps you missed this "whereas":


Quote:
WHEREAS, the primary purpose of the right to keep and bear arms is to protect one’s
self, family and possessions from either the private lawlessness of other persons or the tyranny
of government...

i did miss it. hurray for idaho!....also the location for filming of napoleon dynamite. what a terrific state.

Eschaton
February 27, 2009, 03:49 PM
Nicely done Idaho.

tyler500e
February 27, 2009, 04:32 PM
This almost makes me want to move back to Idaho.

CoRoMo
February 27, 2009, 05:27 PM
...the magic number is 34....

Why 34? What happens when 34 states claim state sovereignty?

ChronoCube
February 27, 2009, 05:57 PM
Why 34? What happens when 34 states claim state sovereignty?

That's a 2/3 supermajority of the 50 states.

ThrottleJockey
February 27, 2009, 06:01 PM
"That's a 2/3 supermajority of the 50 states."

So what are you trying to say? What is going to magically change? Of the states listed, most are only contesting the 10th amendment, and the rest are a hodgepodge of other complaints. Is 2/3 supposed to miraculously eliminate the federal gov? or mean automatic secession?

ChronoCube
February 27, 2009, 06:33 PM
"That's a 2/3 supermajority of the 50 states."

So what are you trying to say? What is going to magically change? Of the states listed, most are only contesting the 10th amendment, and the rest are a hodgepodge of other complaints. Is 2/3 supposed to miraculously eliminate the federal gov? or mean automatic secession?

I don't know, I was just answering the previous guy's question about what 34 meant. Someone else who has a better understanding of the political system can explain what actually happens.

Officers'Wife
February 27, 2009, 06:40 PM
Hi Throttle Jockey.

most are only contesting the 10th amendment

The 10th states that any power not granted to the fed goes to the states or the people. Since controlling arms is not an authority granted to the Fed by the Constitution and specifically forbidden in the 2nd amendment, constesting the 10 would include the 2nd.

Big Bill
February 27, 2009, 07:55 PM
I love Idaho and Montana!
ME TOO! IDAHO - the land of my birth, life and someday (probably soon) death! GIVE ME IDAHO, OR GIVE ME DEATH!

rfwobbly
February 27, 2009, 08:28 PM
It won't happen unless YOU write your state representative. I sent mine tonight....

Dear Rep. Unterman -

Thank you for supporting our 2nd amendment rights here in Georgia. In view of the US House Bill 45, I ask that you research House Joint Memorial No 3 put forth in the 2009 session of the Idaho State Legislature, and draft similar legislation for Georgia.

You can find the full text here...
http://www.legislature.idaho.gov/legislation/2009/HJM003.htm

Thank you for your service to our State and community.

Regards,


What are you waiting on ?

Defense Minister
February 27, 2009, 10:24 PM
I also sent a copy of the Idaho Bill to my Oregon representatives and State Legislature urging them to get Oregon on board. They need to receive these from every gun owner in the country. Please, THR members, let them know!

Thin Black Line
February 28, 2009, 09:47 AM
rfwobbly,

EXCELLENT!

everallm
February 28, 2009, 10:05 AM
Secession may be a few "militia men's" wet dream but it isn't happening

There is no capability under the Constitution for any individual state to unilaterally secede from the Union, settled law under Texas V White 1868
http://supct.law.cornell.edu/supct/html/historics/USSC_CR_0074_0700_ZO.html

Cuts both ways, there is no way for a state to be excluded from the Union.

In THEORY a mutual agreement could be agreed between both the individual state and the rest but to even do that at the very least a constitutional amendment would have to raised and passed then it would have to stand scrutiny in the SC etc etc.

So, State X says they don't want to play and want to keep their ball

State X Constitution would have to be amended
State X would have to petition Congress
State X has to convince two-thirds of both houses of Congress to vote to propose an amendment, or
State X has to get two-thirds of the state legislatures ask Congress to call a national convention to propose amendments. (This method has never been used.)

Assuming the petition works then they have to ratify the amendment

Three-fourths of the state legislatures approve it, or
Ratifying conventions in three-fourths of the states approve it. This method has been used only once -- to ratify the 21st Amendment -- repealing Prohibition.

Sorry to pop some peoples bubbles with reality

searcher451
February 28, 2009, 12:44 PM
I also made a copy of Idaho's resolution and am sending it to a state representative I know personally, as well as to my local representative, with the humble suggestion that they get on the stick and introduce a similar bill in the Oregon House.

Defense Minister is right: We need to be heard on the issue in all 50 states.

Nathaniel Firethorn
February 28, 2009, 01:06 PM
If I could figure out a way to do it without being unemployed or irresponsible to my family, I'd be in Coeur d'Alene within the week, for keeps.

Although, as Bob pointed out, there are a lot of good places in the Panhandle.

- NF

Guitargod1985
February 28, 2009, 10:55 PM
My, how I miss north Idaho. Good folks, good food, great hunting, decent snowboarding, no urban noise, beautiful sunsets and starry nights, open carry, virtually no crime, and a legislature with stones ... In short, Idaho is everything Florida is not.

If I could figure out a way to do it without being unemployed or irresponsible to my family, I'd be in Coeur d'Alene within the week, for keeps.


Amen, Nathaniel. Don't forget about Sandpoint, either.

JWF III
March 1, 2009, 02:37 AM
rfwobbly- Georgia was one of the first to do the paperwork to claim state sovernty. I think it was 1994, but I could be wrong. It was several days ago when I looked at the list (when thread was brand new).

I, too, live in GA. So I made sure our great state was on there. We need to work on the other 18.

Wyman

ETA-Upon further review, GA was on the list twice (as was OK). For GA once in 1995/6, then again in 2009. So our Reps told the fed where to stick it twice. Sounds good to me. Some trhings need repeating .

JWF III
March 1, 2009, 03:06 AM
Just for the record, my insomnia is kicking into overdrive. Here's a list of states that arn't on the list-

Mississippi, Kentucky, North Carolina, Maryland, New Jersey, New York, Conneticut, Massachusetts, Wisconsin, Oregon, North Dakota, South Dakota, New Mexico, Wyoming, Nebraska, Vermont, Rhode Island, Delaware

Those are the states that needto be worked on.

Wyman

PAshooter
March 1, 2009, 09:08 AM
Why 34? What happens when 34 states claim state sovereignty?

Thirty-four is the nuber of states it would take to convene a Constitutional Convention. In this case, the purpose of such would not be to add additional ammendments to the existing body of the Constitution, but to enforce Federal Government compliance with the document as it stands.

Not saying that's where this is headed, but that's the basis of the "magic number."

Thin Black Line
March 1, 2009, 09:59 AM
Secession may be a few "militia men's" wet dream but it isn't happening

There is no capability under the Constitution for any individual state to unilaterally secede from the Union,
....
Sorry to pop some peoples bubbles with reality

The subject of this thread addresses the reality of the fedgov over-stepping
its limited authority in regards to the Second Amendment to the United States
Constitution. The fedgov has been doing this for quite some time in regard
to the 2A (among others, but THR is dedicated to the 2A) and some state
gov'ts at the behest of their citizens are saying ENOUGH.

No real Americans here should have a problem with We The People appropriately
airing their grievances against a fedgov which has far overstepped the authority
we have loaned to it.

Everyone here got that?

Good.

Tom Fury
March 1, 2009, 10:00 AM
Hello! Kentucky, Where are you? Hello!
Tom Fury

chuckusaret
March 1, 2009, 10:31 AM
Well, I can't resist including this shameless plug to sell you a spot in one of the most beautiful places on the planet:

Beautiful area. I only wish Florida would do the same as your state has done on the 2nd Amendment issue. But your elected officials have a "pair" my representatives don't.

Eaglecreekbrewer
March 1, 2009, 02:15 PM
Okay, first off the only funny thing in this thread is that only someone from Boise would refer to Stanley as "Up North", that made me smile, rock on my Southern friend.
I was born and raised in this state and the current situation in not something new, this state had been being trod on by the fed for a very long time and on multiple issues important here, and frankly, we are tired of it. There is a very serious underlying unrest here like I have never seen. The attack on the 2nd is going to be the break point. You already get the feeling of, not if, but when.
Our legislature here has been lax on dealing with the fed for far to long and I think they may have FINALLY realized the citizens of this state are at a break point. Everywhere you go there is talk about making the stand and contacting your representatives, that is not something you normally experience. The times are tough here and we have taken a beating on many fronts, and yet it is nothing to walk into any sporting goods store and seeing someone lay down $1000-$2000 plus on ammunition. I am in there a lot and see it almost every time. The gun counter is packed and you better be there when the shipment arrives if you want to get something. I know this is going on everywhere, but keep in mind, this state was already armed. This is rural America folks, the gun owner is the majority here. I can only imagine the headlines in any major paper if most houses in this state were raided right now.
But, this is what made them do this, our first stop is Boise if they fail us, and we let them know that. This state is chocked full of red blooded Americans that love this country and their freedom, and no one wants to see this happen, but if it does we are not going to roll over and take it. I really never thought I would see it in my lifetime. Everyone has always talked about what the true meaning of the 2nd was, but the reality that it may actually come into play is sobering.
We are the people and it is time we took our rightful place back.

Please, get involved, write those letters, be polite but firm. It's okay to be angry, but be respectful.

trayzor
March 1, 2009, 03:15 PM
Eaglecreekbrewer is right on with his assertions and observations. I too have seen the counters 3 deep on the weekend with people buying guns, filling out forms, etc.

I moved here in 1993 from California Bay Area (Sunnyvale). My wife and I made a decision that we were not going to raise our kids in a place that panders to non law-abiding, wackos and illegals that are/have literally driven that state into bankruptcy. May God help the "good" people in Cali, they are going to need when the taxes are jacked up so high you'll need to take out a loan just to buy a tank of gas.

Long live the good folks of Idaho and the 2nd Ammendment.

Hey "renegade1alpha", I ride year round. 35 degrees and dry roads and I'm out cruising.

Sixtigers
March 1, 2009, 04:23 PM
The wife and I had already made plans to retire in Idaho, specifically the Couer de Alene area. Now, we're trying to find work there so we can go now, as opposed to later. I was born and raised the Northern California Sierra Nevadas, and have been trying to get back to the mountains ever since I left 'em...but it'll be Idaho, and not California that I move to.

Thin Black Line
March 4, 2009, 12:44 PM
Welcome, Eaglecreekbrewer.

You are blessed to be where you are living. I'm living somewhere else deep
within one of the socialist states where people expect the gov't to do
everything for them. Yes, I should have emigrated to a place like Idaho a
long time ago, but jobs can be scare there, too.

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